The Permit and Notification System provided for under
the Chemical Weapons (Convention) Bill

Permit Requirement

Pursuant to Clause 8 of the Chemical Weapons (Convention) Bill, the operator of a facility requires a permit issued by the Director in order to operate the facility during a particular calendar year if, in all the circumstances of the case, a reasonable person would conclude that -

1. Schedule 1 (pdf format) chemicals (other than excluded Schedule 1 chemicals) are likely to be produced, acquired, retained or used at, or transferred from, the facility during the year. Schedule 1 chemicals are excluded chemicals in relation to a facility and to a year if -
   1. the total amount of those chemicals likely to be acquired, retained or used at, or transferred from, the facility during the year does not exceed 100 grams;
   2. such chemicals will not be produced at the facility during that year; and
   3. such chemicals are intended only to be put to research, medical or pharmaceutical purposes;
2. an amount of a Schedule 2 (pdf format) chemical exceeding, in the aggregate, the Schedule 2 permit threshold for that chemical is likely to be produced, processed or consumed at a plant comprising, or comprising part of, the facility during the year. The threshold is -
   1. 1 kg for any chemical designated with an "*" in Schedule 2, Part A;
   2. 100 kg of any other chemicals listed in Schedule 2, Part A; or
   3. 1 tonne of any chemical listed in Schedule 2, Part B; or
3. an amount of a Schedule 3 (pdf format) chemical exceeding, in the aggregate, 30 tonnes of that chemical is likely to be produced at a plant comprising, or comprising part of, the facility during the year.

   The maximum penalties for contravening Clause 8 in relation to Schedule 1 chemicals are a fine of $500,000 and imprisonment for 5 years. The penalties in relation to Schedule 2 chemicals are a fine of $200,000 and imprisonment for 2 years, and Schedule 3 chemicals a fine of $100,000 and imprisonment for 1 year.

   In addition, Clause 12 of the Bill requires such permit holder to give to the Director periodic reports on the facilities and chemicals concerned, and to keep relevant records for not less than three years. Contravention of this provision is subject to a fine of $100,000 and to imprisonment for 1 year.

Notification Requirement

Clause 11 of the Bill requires the operator of a facility to notify the Director if -

1. the amount of UDOC produced in the facility during the preceding calendar year was more than 200 tonnes; or
2. the UDOC produced in the facility contained the elements phosphorus, sulfur or fluorine and the amount produced exceeded 30 tonnes,

   except where the facility concerned was only producing hydrocarbons or explosives. An operator who is required to notify the Director is also required to keep the relevant records for not less than three years. Failure to comply with the notification and the record-keeping requirements will be subject to a fine of $100,000 and to imprisonment for 1 year.